The Supreme Court summons the finance secretary and the AGP over the failure to provide election funding.

The Supreme Court (SC) issued notices to the finance secretary, State Bank of Pakistan (SBP) Governor Jameel Ahmad, Attorney General of Pakistan (AGP) Mansoor Awan, and the Election Commission of Pakistan (ECP) on Wednesday in connection with the government's failure to disburse Rs21 billion in funds for elections in Punjab and Khyber Pakhtunkhwa.

The Supreme Court has ordered that the officials appear in the judges' chamber on April 14.

The Supreme Court (SC) ordered the government to provide Rs21 billion in funds to the ECP to conduct elections in Punjab and Khyber Pakhtunkhwa by April 10 and directed the ECP to provide a report to the court on whether or not the government complied with the order on April 11.

In a report delivered yesterday, the ECP informed the court of the government's unwillingness to give the necessary funds for elections.

Meanwhile, the government has forwarded the case to Parliament for a decision.

The Supreme Court observed in a notice issued today by the registrar that the ECP's report submitted yesterday indicated that "no funds have been released or provided to it as required by the court."

"The failure of the federal government to comply with the court's order as aforesaid is prima facie disobedience," it said. "The consequences of such prima facie defiance of the court are well established and well known."

"Everyone who engages in encourages, or instigates disobedience or defiance of the court can be held liable and accountable," according to the warning.

It emphasized that the federal government's "disobedience" would jeopardize the conduct of timely elections as required by the Constitution.

"The issue of providing funds for such a vital constitutional purpose requires immediate attention, which takes precedence over proceeding against those who may have committed contempt of court," the Supreme Court stated.

Following that, the court issued a summons to the SBP governor and the bank's next most senior officer, ordering them to appear before the chamber of judges on Friday, April 14, at 11 a.m. It directed them to bring the record and details of federal government money lying with or under the control, custody, or supervision of the central bank.

The court also summoned the AGP, the finance secretary, and the Finance Ministry's "next most senior official" for an in-person presence on the same day. "The said officials shall bring with them all relevant records and shall place before the court a detailed report as to why the court's order made in para 5 of Const. P. 5/2023 has not been complied with, as stated by the commission," it said.

The court issued similar letters to the ECP secretary and the director general of law, directing them to prepare and submit the whole record pertaining to the general elections to the Punjab and KP assemblies.

ECP report

The court also summoned the AGP, the finance secretary, and the Finance Ministry's "next most senior official" for an in-person presence on the same day. "The said officials shall bring with them all relevant records and shall place before the court a detailed report as to why the court's order made in para 5 of Const. P. 5/2023 has not been complied with, as stated by the commission," it said.

The court issued similar letters to the ECP secretary and the director general of law, directing them to prepare and submit the whole record pertaining to the general elections to the Punjab and KP assemblies.

According to the judgment, the Punjab government and its employees shall proactively provide all aid and support to the commission for the holding and conduct of the general election in order to discharge constitutional and legal duties and responsibilities.

Govt’s hesitation in issuing funds,

The federal government's reluctance to issue funds is being regarded as an apparent intention to postpone elections until at least October, as indicated by the tabled money bill in parliament.

Earlier this week, Finance Minister Ishaq Dar introduced legislation in the National Assembly and Senate requesting funding for elections in Punjab and KP.

The bill, titled 'Charged Sum for General Election (Provincial Assemblies of Punjab & Khyber Pakhtunkhwa) Bill 2023,' stated that funds required for conducting elections in both provinces shall be "an expenditure charged upon the Federal Consolidated Fund (FCF)," which it said comprises all federal government revenues, all loans raised by the government, and all money received in repayment of any loan.

The measure claimed that it would "override other laws" and have effect "notwithstanding anything contained in any other law, rules, or regulations" when it became law.

It went on to say that the planned law would be repealed after elections for both assemblies were held, but that national elections and elections for the Sindh and Balochistan assemblies were not required.

On the other side, MPs have voted a number of motions calling for simultaneous elections rather than split polls following the dissolution of the KP and Punjab assemblies, as foreseen by the Supreme Court in its recent decision.

On Monday, the Senate passed a resolution supporting joint elections, while the KP caretaker cabinet backed general elections across the country on the same day.

Furthermore, the Balochistan Assembly passed a motion calling for a postponement of elections, citing the economic crisis and the ongoing census.